What mistakes can harm a brain injury claim in Signal Hill?
Ignoring symptoms after a head injury can severely undermine a brain injury claim in Signal Hill. Delayed medical attention makes it harder to prove the connection between an incident and your current condition.
Many brain injuries, especially mild traumatic brain injuries (MTBI), might not show obvious signs immediately. Seemingly minor headaches, dizziness, or difficulty concentrating can be symptoms of a serious brain injury, and waiting to see a doctor makes linking these symptoms to an event more difficult for your claim.
Other common pitfalls include discussing your incident with insurance adjusters without legal representation or failing to gather evidence like police reports and witness statements. A lawyer helps protect your rights and gathers the necessary proof.
What types of brain injuries are covered?
Our firm helps people suffering from various types of traumatic brain injuries (TBIs). This includes concussions, which are often considered mild TBIs but can have long-lasting effects.
We also represent individuals with more severe injuries like contusions, diffuse axonal injuries, and penetrating head wounds. These can result from incidents such as car accidents, falls, workplace incidents, or acts of violence, leading to complex and challenging legal cases. Our work focuses on ensuring you receive the proper medical care and legal support.
Where do I file a personal injury claim in Signal Hill?
Personal injury cases arising from incidents in Signal Hill are generally filed in the Superior Court of California, County of Los Angeles. Specifically, the case would go to the South District courthouse, known as the Governor George Deukmejian Courthouse.
This courthouse is located at 275 Magnolia Ave, Long Beach, CA 90802. In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department, as per LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024. While our office represents clients from Signal Hill and across Los Angeles, we recommend confirming the correct filing location with the court's official locator for your specific facts.
How long do I have to file a brain injury lawsuit in California?
Most California personal injury claims, including those for brain injuries, must be filed within two years of the injury (Cal. Code Civ. Proc. § 335.1). This two-year period begins on the date of the incident.
However, if your brain injury claim involves a city, county, or other public entity, you must present a written claim to that public entity within six months of the injury (Cal. Gov. Code § 911.2). Failing to meet this shorter deadline can prevent you from filing a lawsuit later. These deadlines have exceptions and must be confirmed with an attorney for your own facts.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act.
Under California law, people with brain injuries may recover economic damages like past and future medical expenses, lost wages, and loss of earning capacity. They may also pursue non-economic damages for pain, suffering, disfigurement, and loss of enjoyment of life. For survival actions filed on or after January 1, 2026, Cal. Code Civ. Proc. § 377.34 does not allow recovery of the decedent's pain, suffering, or disfigurement, only economic losses before death and punitive damages the decedent could have recovered.
What steps should I take after a brain injury?
- Seek Medical Attention: Get a thorough medical evaluation immediately, even if symptoms seem minor. A medical diagnosis and documentation are crucial for your health and any future claim. Continue to follow all medical advice and attend follow-up appointments.
- Report the Incident: If your injury occurred in an accident, report it to the police or appropriate authorities. For workplace injuries, inform your employer. Documenting the incident helps establish what happened.
- Gather Evidence: Collect photos or videos of the scene, your injuries, and any property damage. Write down details while they are fresh, including names and contact information of witnesses. This information is vital for building your case.
- Avoid Discussing Fault: Do not admit fault or discuss the incident's specifics with anyone other than your doctors or attorney. Statements made to insurance adjusters or others can be used against you.
- Contact a Lawyer: Consult with a brain injury attorney in Signal Hill as soon as possible. An attorney can explain your rights, investigate your case, and protect you from common mistakes.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we focus on understanding the full impact of your brain injury. We start by listening to your experience and thoroughly investigating how the injury occurred.
Our firm gathers medical records, consults with experts, and communicates with insurance companies on your behalf. We aim to build a strong case that reflects the full scope of your damages, from medical bills to long-term care needs. We represent people in Signal Hill and nearby communities, including our clients in Covina and Pomona, for serious personal injury cases like brain injuries. We also help families with wrongful death cases in Signal Hill.
We handle all aspects of your personal injury claim, allowing you to concentrate on your recovery. Our practice is limited to personal injury and employment law, including traumatic brain injury cases, so we focus our experience on these complex areas. We understand the unique challenges brain injuries present and pursue the full compensation available under California law.
Frequently Asked Questions
What is a traumatic brain injury?
A traumatic brain injury (TBI) is a complex injury to the brain caused by an external force, such as a blow, jolt, or penetration to the head. TBIs can range from mild concussions to severe, life-threatening injuries, often resulting in physical, cognitive, and emotional changes.
How does a brain injury affect a personal injury claim?
A brain injury can significantly increase the complexity and value of a personal injury claim due to the extensive medical care, rehabilitation, and potential long-term impacts on a person's life and ability to work. Documenting these impacts with medical experts is crucial for securing fair compensation.
Can I still file a claim if I waited to seek medical attention for my head injury in Signal Hill?
While prompt medical attention is always best, you may still be able to file a claim even with a delay. However, delayed treatment can make it harder to prove the direct link between the incident and your brain injury. An attorney can help assess the strength of your case and guide you on how to proceed.
Who pays for my medical bills after a brain injury in an accident?
Initially, your own health insurance, Med-Pay coverage from your auto insurance, or workers' compensation (if it was a workplace injury) may cover your medical bills. In a successful personal injury claim, the responsible party's insurance would ultimately reimburse these costs and cover future medical expenses.
If you or a loved one has suffered a brain injury in Signal Hill, you don't have to face the legal process alone. Call Casa Legal Los Angeles at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.